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Your guide to getting divorced as a foreigner in Spain

GenevaTimes by GenevaTimes
April 6, 2026
in Europe
Reading Time: 3 mins read
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Your guide to getting divorced as a foreigner in Spain
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What will happen to your Spanish residency if you get divorced? How does shared custody work in Spain? And what happens with the property you bought together? Here are the answers to some crucial questions before you begin ‘divorcio’ proceedings.

Getting divorced is of course a very difficult time, but unfortunately, it’s very common too, with thousands of couples going through it every year.

The process can be even more challenging when you live abroad, far away from family and with little knowledge of how the process works in your adopted home.

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If you and your spouse have decided that divorce is the best way forward, then we have several articles to help you better understand the process in Spain, to know what to expect and to know your rights.

First up is our overview on Everything you need to know about getting divorced in Spain. This takes you through some of the most common questions you might have such as who can get divorced in Spain, if you have go back to your home country to sort out the process and how long it all takes here.

Most importantly for couples who have children together, we’ve put together a separate guide on How does shared custody after divorce work in Spain? It talks about how custody is decided in Spain, how shared custody works, what the law says and what judges take into account when making a decision. Coming to an agreement on what’s best for your children is one of the hardest parts of divorce.

Another common question when it comes to parting ways with your spouse is what happens to your property. We have covered everything from who gets the property and what happens to your mortgage to the legal implications and what happens to the property when kids are involved.

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And for those who don’t have kids, but maybe have a shared pet instead, may worry about who gets the dog after a break-up? There can be custody battles when it comes to furry kids too.

When all the initial stages of divorce have been worked out, like who gets custody and who gets to stay in the house, one of the biggest worries for foreigners in Spain is What will happen to my Spanish residency if I get divorced? Many are concerned that if they got residency through marriage then it will mean that they’re no longer able to live here if they get divorced.

Lastly, after everything else has been sorted, many want a clean break from their spouses by changing their name if they took on their partner’s name when they married. Find out if this is possible in Spain and how to go about it, after the legal proceedings have gone through, in our article on how to change your surname after marriage or divorce in Spain 

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